DOCSLIB.ORG

Guide to the New York Safe Act for Members of the Division of State Police

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Guide to The New York Safe Act for Members of the Division of State Police Prepared by The Office of Division Counsel September, 2013 NY State Police Guide to the Safe Act September, 2013 Safe Act Introduction and Summary ...................................................................................................... 1 I. Statewide Database ................................................................................................................... 2 II. Assault Weapons ................................................................................................................... 3 Definition of "Assault Weapon" .......................................................................................... 3 Registration Requirements .................................................................................................. 4 Restrictions on Transfers ..................................................................................................... 4 Applicable Criminal Charges .............................................................................................. 4 Effect on Police ................................................................................................................... 5 Serving Police Officers .......................................................................................... 5 Retired Police Officers .......................................................................................... 5 Assault Weapon Denial Procedures ....................................................................... 6 III. Magazines ................................................................................................................... 7 Capacity ................................................................................................................... 7 New PL 265.36. Unlaful Possession of a Large Capacity Feeding Device ......................... 7 Relationship between PL 265.36 and PL 400.00 ................................................................ 8 Tubular Devices / Curios and Relics ................................................................................... 8 New PL 265.37 - Loading with More than 7 Rounds .......................................................... 9 Effect on Police ................................................................................................................... 9 IV. Private Sales ................................................................................................................. 11 General Business Law New Article 39-DDD ................................................................... 11 Immediate Family Exemption ........................................................................................... 11 Potential Charges ............................................................................................................... 11 Effect on Police ................................................................................................................. 11 V. Pistol Permits ................................................................................................................. 12 Recertification Requirement .............................................................................................. 12 Opt Out Forms / Public Disclosure ................................................................................... 12 Effect on Police ................................................................................................................ 12 NY State Police Guide to the Safe Act i VI. Mental Hygiene Law - 9.46 Referral........................................................................................... 13 VII. New Crimes (Penal Law and General Business Law) ............................................................... 13 Appendix: Index of Crimes and Offenses Related to the NY Safe Act ......................................... 16 NY State Police Guide to the Safe Act ii INTRODUCTION The NY SAFE Act, signed into law by Governor Cuomo on January 15, 2013, amended various provision of New York law in relation to firearms, long guns, assault weapons and ammunition. The Act was intended to enhance public safety by: • Expanding the classification of those weapons considered to be Assault Weapons and restricting their access, possession and transfer. • Providing safeguards, through the implementation of a new statewide database, to help ensure that individuals who are not qualified to possess certain weapons or ammunition do not obtain access to them. • Restricting the types of magazines that individuals are allowed to possess and limiting the number of rounds permitted to be loaded in a magazine. • Extending the requirement of a NICS check, formerly applicable only to commercial sales, to private sales of firearms subject to certain exceptions. • Requiring those with existing firearms licenses (pistol permits) to renew or recertify these permits every 5 years. • Establishing several new penal law offenses and enhancing the penalties for existing offenses • Exempting records relating to the Act from public disclosure and providing all permit holders and applicants with an opportunity to ensure that any county records relating to their individual permit or application will also be exempt from the NY State FOIL provisions. As with many large legislative initiatives, the SAFE Act has raised questions from members of the field relating to the scope of the Act and its effect on those police officers who will have the responsibility to enforce the various provisions. The purpose of this guide is to provide guidance to police officers regarding the enforcement of the Safe Act’s provisions. 1 NY State Police Guide to the Safe Act I. THE STATEWIDE DATABASE The SAFE Act requires the creation of a statewide license and record database1, through which records will be checked in order to determine whether or not a particular applicant or licensee is or remains qualified to possess a firearm or to register an Assault Weapon. Disqualifiers will include traditional criteria, such as not being convicted of a crime or serious offense, and new criteria established by the Act, such as expanding the situations where a court must suspend or revoke a subject’s license pursuant to an Order of Protection or where the person has been the subject of a mental health professional’s determination that he or she is likely to engage in dangerous behavior. Database records will be checked when the subject applies for a firearm’s license or when he or she seeks to register an Assault Weapon. The system will also continually run checks after the application or registration process and will detect if a licensee or registrant subsequently becomes unqualified. The database will be maintained by the State Police and records assembled or collected for purposes of inclusion in the database are exempt from public disclosure laws. It is currently being assembled and is expected to be operational in 2014. EFFECT ON POLICE (Database) Other than the personnel assigned to build and input data, there is no direct effect on law enforcement personnel. However, there will be an indirect effect in those cases where the applicant or registrant is disqualified because police officers may be assigned to secure weapons owned or possessed by a person who does not meet the qualification requirements. The Statewide Database is the common thread in all of the Safe Act provisions. All of the eligibility checks for the various parts of the act will utilize this database. 1 New Penal Law section 400.02. 2 NY State Police Guide to the Safe Act II. ASSAULT WEAPONS 1. Definition: The Safe Act redefined the term “Assault Weapon” and created registration requirements for those who lawfully owned them before the enactment of the statute. As of January 15, 2013, the term “Assault Weapon” has been redefined as:2 • A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following military characteristics: a. Folding or Telescoping Stock b. Protruding Pistol Grip c. Thumbhole Stock d. Second Handgrip or Protruding Grip that can be held by non-shooting hand e. Bayonet Mount f. Flash Suppressor g. Muzzle Brake h. Muzzle Compensator i. A threaded barrel designed to accommodate the above j. Grenade Launcher • A semiautomatic shotgun having at least one of the following characteristics: a. Folding or Telescoping Stock b. Thumbhole Stock c. Second Handgrip or Protruding Grip that can be held by non-trigger hand d. Fixed magazine capacity in excess of seven rounds e. An ability to accept a detachable magazine • A semiautomatic pistol, able to accept a detachable magazine and has at least one of the following characteristics: a. Folding or Telescoping Stock b. Thumbhole Stock c. Second Handgrip or Protruding Grip that can be held by non-trigger hand d. Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip e. A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip or silencer f. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned g. A manufactured weight of fifty ounces or more when the pistol is unloaded 2 There are some exceptions to this definition. For example a rifle, shotgun or pistol that is manually operated by bolt, pump, lever or slide action, an antique firearm, and those firearms,
Recommended publications
  • County Executive's Message

    County Executive's Message

    5 Robert Franklin TABLE OF CONTENTS PAGE NUMBER COUNTY EXECUTIVE'S MESSAGE .................................................................................... 3 EXECUTIVE SUMMARY ....................................................................................................... 5 COMMUNITY PROFILE ...................................................................................................... 11 VISION/MISSION FOR MONROE COUNTY .............................................................................. 22 LEGISLATIVE ACTION ................................................................................................................. 24 INTRODUCTION ............................................................................................................................. 28 FINANCIAL STRATEGIES ............................................................................................................ 42 FINANCIAL SUMMARIES ............................................................................................................. 47 TAX ANALYSES ................................................................................................................. 61 BUDGET BY ELECTED OFFICIALS COUNTY EXECUTIVE - ALPHABETICAL SORT BY DEPARTMENTS Aviation (81) .............................................................................................................................. 75 Board of Elections (20) .............................................................................................................. 85
  • International Law

    International Law

    University of Wyoming College of Law Law Archive of Wyoming Scholarship Faculty Book Chapters Faculty Scholarship 5-5-2020 International Law George A. Mocsary University of Wyoming - College of Law, [email protected] Michael P. O'Shea Oklahoma City University - School of Law, [email protected] Nicholas James Johnson Fordham University - School of Law, [email protected] E. Gregory Wallace Campbell University - Norman Adrian Wiggins School of Law, [email protected] Follow this and additional works at: https://scholarship.law.uwyo.edu/book_chapters Recommended Citation Mocsary, George A.; O'Shea, Michael P.; Johnson, Nicholas James; and Wallace, E. Gregory, "International Law" (2020). Faculty Book Chapters. 5. https://scholarship.law.uwyo.edu/book_chapters/5 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Faculty Book Chapters by an authorized administrator of Law Archive of Wyoming Scholarship. 13 1 2 3 International Law 4 5 6 7 8 9 10 11 12 13 14 15 16 This is online Chapter 13 of the second edition of the law school textbook Firearms Law 17 and the Second Amendment: Regulation, Rights, and Policy (2d ed. 2017). The 18 printed book, by Nicholas J. Johnson, David B. Kopel, George A. Mocsary, and Michael P. 19 O’Shea, consists of Chapters 1 through 11. More information and additional materials 20 are available at https://www.wklegaledu.com/johnson-firearms-law-2. The printed book 21 may also be purchased from Amazon.com and Barnes & Noble (bn.com).
  • A New York City Rifle and Shotgun Permit Application

    A New York City Rifle and Shotgun Permit Application

    LICENSE DIVISION APPLICATION — RIFLE / SHOTGUN PERMIT RIFLE / SHOTGUN SECTION PD 641-040 (Rev. 03-13) 120-55 Queens Blvd, B-11 Kew Gardens, New York 11424 718-520-9300 1. Complete each form as directed and answer all questions. All entries must be clearly printed in ink (Blue or Black) or typed. 2. The minimum age to receive a permit is 21. 3. If you were ever arrested for any crime or violation you must submit a certifi cate of disposition from the court concerned indicating the offense and the fi nal disposition of the charges. You must do this even if the case was dismissed, the record sealed or the case nullifi ed by operation of law (i.e. Youthful Offender status). The New York State Division of Criminal Justice Services will report to us every instance involving the arrest of an applicant. Do not rely on anyone’s representation that you need not list a previous arrest. ANY OMISSION OF A PREVIOUS ARREST MAY RESULT IN THE DENIAL OF YOUR APPLICATION. You must submit a notarized statement explaining the circumstances of the arrest. 4. If you were ever convicted of a felony, before your application can be considered, you must apply for a Certifi cate of Relief from Forfeitures and Disabilities from New York State. 5. If you were ever convicted of a Serious Offense you must get a New York State Certifi cate of Relief from Forfeitures and Disabilities. Serious Offenses are listed in Section 265.00(17) of the Penal Law. They include any offense involving drugs or narcotics, any sex offense, any violation of the laws pertaining to the illegal use or possession of a pistol or other dangerous weapon, possession of burglars tools and receiving stolen property.
  • The Steepness of the Slippery Slope

    The Steepness of the Slippery Slope

    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OpenCommons at University of Connecticut University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2014 The Steepness of the Slippery Slope: Second Amendment Litigation in the Lower Federal Courts and What It Has to Do with Background Recordkeeping Legislation Symposium Article Michael P. O'Shea Follow this and additional works at: https://opencommons.uconn.edu/law_review Recommended Citation O'Shea, Michael P., "The Steepness of the Slippery Slope: Second Amendment Litigation in the Lower Federal Courts and What It Has to Do with Background Recordkeeping Legislation Symposium Article" (2014). Connecticut Law Review. 244. https://opencommons.uconn.edu/law_review/244 CONNECTICUT LAW REVIEW VOLUME 46 MAY 2014 NUMBER 4 Article The Steepness of the Slippery Slope: Second Amendment Litigation in the Lower Federal Courts and What It Has to Do with Background Recordkeeping Legislation MICHAEL P. O’SHEA Proposals for federal gun control have recently focused on expanding background checks and recordkeeping requirements for private firearms transfers. This Article places the debate about such legislation in a fuller context that includes the actions of the executive and judicial branches, as well as current gun control efforts in the states. This enables a more informed appraisal of the anti-slippery slope arguments that motivate opposition to such laws. I examine mechanisms that can make descending the slippery slope more or less likely, focusing on judicial enforcement of the Second Amendment right to arms in the federal courts. A study of 225 lower federal court Second Amendment decisions from June 2008 to October 2013 reveals that, since District of Columbia v.
  • The Swerve to “Guns Everywhere”: a Legal and Empirical Evaluation

    The Swerve to “Guns Everywhere”: a Legal and Empirical Evaluation

    BOOK PROOF - DONOHUE (DO NOT DELETE) 8/5/2020 4:04 PM THE SWERVE TO “GUNS EVERYWHERE”: A LEGAL AND EMPIRICAL EVALUATION JOHN J. DONOHUE* I INTRODUCTION There has been a profound shift in the legal landscape concerning firearms over the last forty years. Before then, substantial state restrictions—even complete prohibitions—on gun carrying were quite common, and they enjoyed considerable support among Republican voters and politicians. Today, the large majority of states confer the “right-to-carry” (RTC) with little or no restriction. After unwisely granting cert and proceeding with oral argument in New York State Rifle and Pistol Association v. City of New York, in which the U.S. Supreme Court was asked to create an individual right under the Second Amendment to carry guns outside the home, the Court chose to leave this question for another day.1 One argument frequently used to justify this expansion of the Second Amendment is that good guys with guns can quickly thwart mass shootings. Yet since the end of the federal assault weapons ban in 2004, deaths from mass shootings have been rising sharply even as lawful gun toting has increased substantially.2 Moreover, a growing body of evidence suggests that allowing expanded gun access outside the home has increased violent crime. While New York State Rifle and Pistol Association, which involved an idiosyncratic and moot provision of city law, would have been a terrible vehicle to make new constitutional law, it did have the potential to either confine the Copyright © 2020 by John J. Donohue. This Article is also available online at http://lcp.law.duke.edu/.
  • New York State Rifle & Pistol Ass'n V. Cuomo Opinion

    New York State Rifle & Pistol Ass'n V. Cuomo Opinion

    New York State Rifle & Pistol Ass'n v. Cuomo United States Court of Appeals for the Second Circuit December 9, 2014, Argued; October 19, 2015, Decided Reporter 804 F.3d 242 *; 2015 U.S. App. LEXIS 18121 ** semiautomatic assault weapons and large-capacity US Supreme Court certiorari denied by Shew v. Malloy, magazines do not violate the Second Amendment, and 2016 U.S. LEXIS 3959 (U.S., June 20, 2016) that the challenged individual provisions are not void for vagueness. The particular provision of New York's law Prior History: [**1] On Appeal from the United States regulating load limits, however, does not survive the District Court for the Western District of New York. requisite scrutiny. One further specific provision— Connecticut's prohibition on the non-semiautomatic On Appeal from the United States District Court for the Remington 7615—unconstitutionally infringes upon the District of Connecticut. Second Amendment right. Accordingly, we AFFIRM [*248] in part the judgment of the District Court for the District of Connecticut insofar [**5] as it upheld the Judges: Before: CABRANES, LOHIER, and DRONEY, prohibition of semiautomatic assault weapons and large- Circuit Judges. capacity magazines, and REVERSE in part its holding with respect to the Remington. With respect to the Opinion by: JOSÉ A. CABRANES judgment of the District Court for the Western District of New York, we REVERSE in part certain vagueness Opinion holdings, and we otherwise AFFIRM that judgment insofar as it upheld the prohibition of semiautomatic assault weapons and large-capacity magazines and [*247] JOSÉ A. CABRANES, Circuit Judge: invalidated the load limit.
  • Staff Memorandum

    Staff Memorandum

    Staff Memorandum HOUSE OF DELEGATES Agenda Item #12 REQUESTED ACTION: Approval of the report and recommendations of the Task Force on Mass Shootings and Assault Weapons. The Task Force on Mass Shootings and Assault Weapons was appointed in 2018 by then-President Michael Miller to update the 2015 report entitled “Understanding the Second Amendment – Gun Regulation in America Today and Yesterday” with a focus on the role of mass shootings and assault weapons on gun violence in the United States. The Task Force’s report, entitled “Reducing the Epidemic of Mass Shootings in the United States – If Not Now, When?” is attached. The report reviews the current state of the law relating to gun regulation as well as data on mass shootings and assault weapons; Task Force members also met with firearms experts. It addresses the connection between domestic violence and mass shootings; the connection between mental health and mass shootings; and the regulation of the sale and transfer of guns, accessories, and ammunition. The report makes the following recommendations: ● Ban the possession, sale, and manufacture of assault-style weapons. ● Ban large-capacity magazines that hold more than 10 rounds of ammunition. ● Ban bump stocks and other devices that effectively enable semi-automatic firearms to be fired in fully automatic mode. ● Ban firearms manufactured without a license and without a serial number. ● Enact universal background checks for all gun sales, private and through licensed dealers. ● Expand the time for background checks to be completed before finalizing firearm sales. ● Require gun owners to obtain a license as a purchase and possession requirement for all types of firearms.
  • Patterns of Gun Trafficking

    Patterns of Gun Trafficking

    Patterns of gun trafficking: An exploratory study of the illicit markets in Mexico and the United States A thesis presented for the degree of Doctor of Philosophy in Security Science David Pérez Esparza Department of Security and Crime Science Faculty of Engineering Sciences University College London (UCL) September, 2018 1 Declaration I, David Pérez Esparza confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. 2 Abstract This thesis aims to explain why, against the background of a fairly global crime drop, violence and crime increased in Mexico in the mid-2000s. Since most classical hypotheses from criminological research are unable to account satisfactorily for these trends, this study tests the explanatory power of a situational hypothesis as the main independent variable (i.e. the role of opportunity). In particular, this involves testing whether the rise in violence can be explained by an increase in the availability of illegal weapons in Mexico resulting from policy changes and rises in gun production in the bordering U.S. To conduct this study, the thesis develops and implements an ad hoc analytic strategy (composed of six steps) that helps to examine each gun market (i.e. pistols, revolvers, rifles, and shotguns) both in the supply (U.S.) and in the illegal demand for firearms (Mexico). Following this market approach, the study finds that patterns of gun production in the U.S. temporally and spatially coincide with the patterns of gun confiscation (and violent crime) in Mexico.
  • Task Force on Mass Shootings and Assault Weapons

    Task Force on Mass Shootings and Assault Weapons

    Report of the New York State Bar Association Task Force on Mass Shootings and Assault Weapons November 2020 The views expressed in this report are solely those of the Task Force and do not represent those of the New York State Bar Association until adopted by the House of Delegates. New York State Bar Association Task Force on Mass Shootings and Assault Weapons Reducing the Epidemic of Mass Shootings in the United States – If Not Now, When? Final Report November 2020 TABLE OF CONTENTS MEMBERS OF THE NEW YORK STATE BAR ASSOCIATION TASK FORCE ON MASS SHOOTINGS AND ASSAULT WEAPONS ............................................................. 5 ACKNOWLEDGMENTS ....................................................................................................... 6 INTRODUCTION ................................................................................................................... 7 EXECUTIVE SUMMARY ..................................................................................................... 9 New York State Bar Association’s Role ..................................................................... 9 Recommendations ....................................................................................................... 9 Mass Shootings ........................................................................................................... 10 Assault Weapons ......................................................................................................... 11 Resent Developments in the Law ...............................................................................
  • The US Gun Violence Crisis: Human Rights Perspectives and Remedies

    The US Gun Violence Crisis: Human Rights Perspectives and Remedies

    LEGAL STUDIES RESEARCH PAPER SERIES PAPER NO. 19-01-11 January 18, 2019 Harris Institute Report The U.S. Gun Violence Crisis: Human Rights Perspectives and Remedies By Leila Nadya Sadat Director, Whitney R. Harris World Law Institute James Carr Professor of International Criminal Law Madaline M. George Fellow, Whitney R. Harris World Law Institute HARRIS INSTITUTE REPORT The U.S. Gun Violence Crisis: Human Rights Perspectives and Remedies By Leila Nadya Sadat Director, Whitney R. Harris World Law Institute James Carr Professor of International Criminal Law Madaline M. George Fellow, Whitney R. Harris World Law Institute January 18, 2019 DRAFT Table of Contents Annex 1: Glossary of Terms.....................................................................................................................107 i DRAFT Table of Contents ii DRAFT Annex 1: Glossary of Terms...................................................................................................................107 iii DRAFT List of Figures Figure 1: Deaths per 100,000 people from Firearms & Motor Vehicle Traffic Events,. 1950 – 2010........................................................................................................................................... 5 Figure 2: Total Gun-Related Deaths versus Vehicle-Related Deaths of Young Americans, .. 1999- 2016............................................................................................................................................. 8 Figure 3: Worst Mass Shootings in the United States Since 1991
  • Case 3:19-Cv-01537-BEN-JLB Document 115 Filed 06/04/21 Pageid.10515 Page 1 of 94

    Case 3:19-Cv-01537-BEN-JLB Document 115 Filed 06/04/21 Pageid.10515 Page 1 of 94

    Case 3:19-cv-01537-BEN-JLB Document 115 Filed 06/04/21 PageID.10515 Page 1 of 94 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JAMES MILLER, et al., Case No.: 19-cv-1537-BEN (JLB) 11 Plaintiffs, DECISION 12 v. 13 ROB BONTA, in his official capacity as Attorney General of the State of 14 California, et al., 15 Defendants. 16 17 I. INTRODUCTION 18 Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of 19 home defense weapon and homeland defense equipment. Good for both home and battle, 20 the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms 21 protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v 22 Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 23 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional. 24 Plaintiffs challenge a net of interlocking statutes which impose strict criminal 25 restrictions on firearms that fall under California’s complex definition of the ignominious 26 “assault weapon.” Hearings on a preliminary injunction were consolidated with a trial on 27 the merits pursuant to F.R.C.P. Rule 65(a)(2). Having considered the evidence, the Court 28 1 19-cv-1537-BEN (JLB) Case 3:19-cv-01537-BEN-JLB Document 115 Filed 06/04/21 PageID.10516 Page 2 of 94 1 issues these findings of fact and conclusions of law,1 finds for the Plaintiffs, and enters 2 Judgment accordingly.
  • Impacts of the 1994 Assault Weapons

    Impacts of the 1994 Assault Weapons

    NT OF ME J T US U.S. Department of Justice R T A I P C E E D B O J C S Office of Justice Programs F A V M F O I N A C I J S R E BJ G O OJJ DP O F PR National Institute of Justice JUSTICE National Institute of Justice R e s e a r c h i n B r i e f Jeremy Travis, Director March 1999 Issues and Findings Impacts of the 1994 Assault Discussed in this Brief: This study examines the short-term impact Weapons Ban: 1994–96 (1994–96) of the assault weapons ban on gun markets and gun- by Jeffrey A. Roth and Christopher S. Koper related violence as contained in Title XI of the Federal Violent Crime On January 17, 1989, Patrick Edward zines. The legislation required the Attor- Control and Law Enforcement Act Purdy, armed with an AKS rifle—a ney General to deliver to Congress within of 1994. Title XI prohibits the semiautomatic variant of the military 30 months an evaluation of the effects of manufacture, sale, and possession AK–47—returned to his childhood the ban. To meet this requirement, the of specific makes and models of military-style semiautomatic fire- elementary school in Stockton, California, National Institute of Justice (NIJ) funded arms and other semiautomatics and opened fire, killing 5 children and research from October 1995 to December with multiple military-style features wounding 30 others. Purdy, a drifter, 1996 to evaluate the impact of Subtitle A.